공사대금
1. The Defendant amounting to KRW 50 million to the Plaintiff and the Plaintiff’s annual rate from April 1, 2018 to October 29, 2018.
1. Comprehensively taking account of the purport of Gap evidence No. 2 and the entire arguments as to the cause of the claim, the Plaintiff concluded a contract for a construction project that, around January 31, 2018, the Plaintiff and the Defendant entered into a contract for the construction period of replacement works for fire-fighting receivers (including value-added tax) from February 1, 2018 to March 31, 2018; the construction amount of KRW 74.8 million (including value-added tax); and the down payment of KRW 14.96 million within 10 days after the contract was concluded; the intermediate payment of KRW 37.4 million; the remainder after the delivery of the receiver; and the payment of KRW 2,240,00 after the completion of the trial. The Plaintiff completed the said construction project on March 22, 2018.
Meanwhile, the Plaintiff is a person who received KRW 24.8 million from the Defendant. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million (i.e., KRW 74.8 million - KRW 24.8 million) and the amount calculated at each rate of 12% per annum under the Civil Act from March 31, 2018 to October 29, 2018, the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, as the Plaintiff seeks, from March 31, 2018 to October 29, 2018, as the date of delivery of a copy of the complaint of this case, 5% per annum under the former Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to May 31, 2019, and from the next day to the date of full payment.
(A) On June 1, 2019, the Plaintiff sought payment of damages for delay at 15% per annum, but the statutory interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been amended, and this part of the claim is without merit). 2. The Defendant’s claim as to the Defendant’s assertion is asserting that the Defendant paid KRW 50 million of the construction price between the Plaintiff’s mother company and D Co., Ltd., the managing body of the Defendant, and thereby, paid all the construction price
In full view of the statements in Eul evidence Nos. 1, 4, and 10 and witness E’s testimony, it is true that D Co. and the defendant have discussed that D Co. shall contribute KRW 50 million to the development fund and pay the construction price to the plaintiff as the above KRW 50 million. However, it is true that D Co. and the defendant should pay the construction price to the plaintiff.